Pretty obvious Don committed a federal crime
‘TO IMPEDE OR OBSTRUCT’
The import of former FBI Director James Comey’s statement released in advance of his Senate testimony, when considered with all of the surrounding evidence, is clear — our President is guilty of obstruction of justice for endeavoring to obstruct an FBI investigation. Obstruction of justice is a federal felony outlawing a corrupt endeavor “to influence, obstruct or impede the due administration of justice," which includes FBI investigations.
Comey’s advanced statement reveals that on Feb. 14 he was in a meeting with President Trump, Vice President Pence, Attorney General Jeff Sessions and others. At the conclusion of that meeting the President asked everyone to leave, except for Comey. With no one else present, Trump asked Comey to drop the FBI investigation into former national security advisor, Michael Flynn. Specifically, the President said, “Flynn hadn’t done anything wrong on his calls with the Russians, but had misled the Vice President” and said, “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.”
Comey understood the President to be referring to the investigation into Flynn for making false statements to FBI agents in the December 2016 FBI interview about Flynn’s meeting with the Russian Ambassador Sergey Kislyak. Comey, while acknowledging he could be wrong, did not understand the President to be requesting that he drop the separate FBI investigation into the alleged collusion during the 2016 election between the Trump campaign and the Russian government.
To be clear, to be guilty of obstruction of justice there is no requirement that there be any evidence that Flynn actually made false statements to the FBI or colluded with the Russians during the campaign. The prosecution only needs to prove that the defendant had a corrupt purpose to terminate the FBI investigation. No one can dispute that the President, who has the sole power to terminate the director of the FBI, is in a position to exert enormous influence over an FBI director.
Comey ignored the President’s request and did not drop the Flynn investigation. In March, Comey publicly announced to Congress that the FBI was actively investigating the alleged collusion between the Trump campaign and Russia.
On March 30 Comey had a telephone conversation with the President in which the President asked Comey to “find a way to get out that he (Trump) wasn’t being investigated” on the alleged Russian collusion.
Subsequently, prosecutors reportedly issued grand jury subpoenas to Flynn’s associates, seeking business records.
On May 9 Trump fired Comey. This chronology of events demonstrates a strong inference that the ramping up of the investigation caused the President to fire him.
Given the overwhelming evidence of the President’s violation of a serious federal felony, the ball is now with the House of Representatives, which has the constitutional duty to determine whether the President has committed “high crimes or misdemeanors” justifying impeachment. Obstruction of an FBI investigation, which carries a maximum penalty of five years imprisonment, is undoubtedly a high crime. The question is — will the House, controlled by the President’s own party, have the courage to take action?